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10A-10-1.04
Section 10A-10-1.04 Construction with other law. (a) This chapter does not limit present law
as it applies to the creation of or doing business in the state by: (1) A common-law trust.
(2) A business trust. (3) A Massachusetts trust. (b) To the extent any provision of this chapter
is contrary to or inconsistent with 26 U.S.C. Sections 856 to 860, inclusive, of the U.S.
Internal Revenue Code, as amended from time to time, or the rulings and regulations adopted
under those sections, the latter shall prevail as to any real estate investment trust qualifying
under those sections, rulings, and regulations. (Acts 1995, No. 95-628, p. 1317, §4; §10-13-4;
amended and renumbered by Act 2009-513, p. 967, §308.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-10-1.04.htm - 1K - Match Info - Similar pages
23-7-20
Section 23-7-20 Securing of bonds - Trust indenture. (a) Bonds may be secured by a trust indenture
between the bank and a corporate trustee, which may be the State Treasurer or any bank having
trust powers or any trust company doing business in this state. A trust indenture may contain
provisions for protecting and enforcing the rights and remedies of the bondholders which are
reasonable and proper, including covenants setting forth the duties of the bank in relation
to the exercise of its powers and the custody, safekeeping, and application of its money.
The bank may provide by the trust indenture for the payment of the proceeds of the bonds and
all or any part of the revenues of the bank to the trustee under the trust indenture or to
some other depository, and for the method of its disbursement with safeguards and restrictions
prescribed by it. All expenses incurred in performing the obligations of the bank under the
trust indenture may be treated as part of its operating expenses....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/23-7-20.htm - 3K - Match Info - Similar pages
10A-1-1.06
Section 10A-1-1.06 Synonymous terms. To the extent not inconsistent with the Constitution of
Alabama of 1901, and other statutes of this state wherein the terms may be found, and as the
context requires, in this title or any other statute of this state: (1) a reference to certificate
of formation includes, in the case of a corporation, articles of incorporation, certificate
of incorporation, and charter; in the case of limited partnership, a certificate of limited
partnership and a certificate of formation; in the case of a limited liability company, certificate
of formation and articles of organization; and in the case of a business trust or a real estate
investment trust, declaration of trust and, similarly, a reference to articles of incorporation,
certificate of incorporation, charter, certificate of limited partnership, or articles of
organization includes a certificate of formation; (2) a reference to articles of dissolution
includes statement of dissolution and certificate of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-1.06.htm - 2K - Match Info - Similar pages
10A-2-8.50
trustee, employee, or agent of another foreign or domestic corporation, partnership, joint
venture, trust, employee benefit plan, or other enterprise. A director is considered to be
serving an employee benefit plan at the corporation's request if his or her duties to the
corporation also impose duties on, or otherwise involve services by, the director to the plan
or to participants in or beneficiaries of the plan. "Director" includes, unless
the context requires otherwise, the estate or personal representative of a director.
(3) "Expenses" include counsel fees. (4) "Liability" means the obligation
to pay a judgment, settlement, penalty, fine (including an excise tax assessed with respect
to an employee benefit plan), or reasonable expenses incurred with respect to a proceeding.
(5) "Official capacity" means (i) when used with respect to a director, the office
of director in a corporation; and (ii) when used with respect to an individual other than
a director, as contemplated in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2-8.50.htm - 2K - Match Info - Similar pages
10A-4-2.03
Section 10A-4-2.03 Powers of professional corporation generally; profession limited by certificate
of formation. (a) Subject to Section 10A-4-5.07, a domestic professional corporation, including
a professional corporation that is a nonprofit corporation, shall have all the powers necessary
or convenient to effectuate its purposes, including those enumerated in Sections 10A-1-2.11,
10A-1-2.12, and 10A-1-2.13. (b) A domestic professional corporation shall not engage in any
profession other than the profession permitted by its certificate of formation, except that
a domestic professional corporation may invest its funds in real estate, mortgages, stocks,
bonds, or any other type investment. (Acts 1983, No. 83-514, p. 763, §6; §10-4-385; amended
and renumbered by Act 2009-513, p. 967, §203.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-4-2.03.htm - 1K - Match Info - Similar pages
8-6-10
Section 8-6-10 Registration of securities - Exempt securities. Sections 8-6-4 through 8-6-9
shall not apply to any of the following securities: (1) Any security, including a revenue
obligation, issued or guaranteed by the United States, any state, any political subdivision
of a state, any agency, corporate, or other instrumentality of one or more of the foregoing;
or any certificate of deposit for any of the foregoing. (2) Any security issued or guaranteed
by Canada, any Canadian province, any political subdivision of any province, any agency, corporate,
or other instrumentality of one or more of the foregoing or any other foreign government with
which the United States currently maintains diplomatic relations if the security is recognized
as a valid obligation by the issuer or guarantor. (3) Any security issued by and representing
an interest in or a debt of, or guaranteed by, any bank organized under the laws of the United
States or any bank, savings institution, or trust company...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-6-10.htm - 7K - Match Info - Similar pages
10A-5-1.06
Section 10A-5-1.06 Application of partnership provisions to limited liability companies; classification
for federal income tax purposes. REPEALED IN THE 2014 REGULAR SESSION BY ACT 2014-144 EFFECTIVE
JANUARY 1, 2017. (a) The terms "partnership" and "limited partnership,"
when used in any chapter or title other than the Alabama Limited Liability Company Law, the
Alabama General Partnership Law, and the Alabama Limited Partnership Law, and any successors
of those laws, include a limited liability company organized under this chapter, unless the
context requires otherwise. (b) Notwithstanding subsection (a), for purposes of taxation,
other than Chapter 14A of Title 40, a domestic or foreign limited liability company shall
be treated as a partnership unless it is classified otherwise for federal income tax purposes,
in which case it shall be classified in the same manner as it is for federal income tax purposes.
(c) A foreign or domestic limited liability company governed by this chapter...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5-1.06.htm - 1K - Match Info - Similar pages
27-27-26
Section 27-27-26 Pecuniary interests of officers, etc., of domestic insurers. (a) No officer
or director of a domestic insurer, and no member of any committee or employee of a domestic
insurer who is charged with the duty of investing or handling the funds of the insurer, shall
do any of the following: (1) Deposit or invest the funds except in the corporate name of the
insurer; except, that the insurer may for its convenience hold any equity investment in a
street name or in the name of a nominee. (2) Borrow the funds of the insurer. (3) Be pecuniarily
interested in any loan, pledge or deposit, security, investment, sale, purchase, exchange,
reinsurance, or other similar transaction or property of the insurer except as follows: a.
As a stockholder or member of the insurer. b. As a holder or owner of common stock or equity-like
preferred stock in any corporation or business entity trading on a national or international
stock exchange. c. As a holder or owner of shares of mutual funds,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-27-26.htm - 3K - Match Info - Similar pages
27-41-29
Section 27-41-29 Particular investments - Bonds, etc., secured by mortgages or deeds of trust
on real property, etc., generally. An insurer may invest in: (1) Bonds, notes, or other evidences
of indebtedness which are secured by a first mortgage lien or deed of trust upon unencumbered
improved real property located in the United States or Canada, including leasehold estates
in such real estate having an unexpired term (inclusive of the term or terms which may be
provided by options of renewal) of not less than 10 years beyond the final maturity of the
loan. Unless guaranteed or insured by the Administrator of Veterans Affairs, the Secretary
of Housing and Urban Development, or by a mortgage guaranty insurance policy issued by an
insurance company licensed and authorized to do business by and in the State of Alabama, no
such mortgage loan or loans when made shall exceed 75 percent of the fair value of the real
estate or leasehold, except that loans made on single family dwellings shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-41-29.htm - 3K - Match Info - Similar pages
40-18-24.2
capacity as a nonresident member, as herein defined, of a pass-through entity or lower-tier
pass-through entity. (4) QUALIFIED INVESTMENT PARTNERSHIP. A partnership or other entity classified
as a Subchapter K entity, or a business trust as defined in Section 40-18-1, that meets all
of the following requirements for the applicable tax period: a. No less than 90 percent of
the cost of the entity's total assets consists of qualifying investment securities and office
facilities and tangible personal property reasonably necessary to carry on its activities
in this state as an investment partnership. b. No less than 90 percent of its gross income
consists of interest, dividends, distributions, and gains and losses from the sale or exchange
of qualifying investment securities, and management fees paid by its members. c. An authorized
officer, partner, member, or manager of the entity files on behalf of the entity a certification
that it meets the above two criteria with respect to the tax...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-18-24.2.htm - 7K - Match Info - Similar pages
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